Court upholds Kyam Keith Broadby’s nine-year sentence for manslaughter of Nathaniel Wailu

Kyam Keith Broadby, who killed a fellow worker at the Mareeba Show during a ‘ferocious’ attack in has lost his Court of Appeal bid against his nine-year sentence for manslaughter.

Kyam Broadby’s appeal against his nine-year sentence for the manslaughter of Nathaniel Wailu has been refused.

A man who killed a fellow worker at the Mareeba Showgrounds during a “short but ferocious” attack when he “punched, kicked and stomped” on his head after an argument has been refused the chance to appeal against his nine-year sentence, which he submitted was “manifestly excessive”.

Kyam Keith Broadby was convicted in 2022 of the manslaughter of Nathaniel Wailu, who he assaulted on July 10, 2019. Mr Wailu died six days after the attack and Broadby was found guilty by a jury in Cairns of manslaughter, but cleared of murder.

Tasmanian man Kyam Keith Broadby was convicted in 2-22 of the 2019 killing of Nathaniel Wailu after a “short but ferocious’ attack. Picture: Facebook

Broadby applied to the Queensland Court of Appeal to appeal his sentence, claiming the trial judge “erred” and did not take an integrated approach to the sentence.

He also claimed the nine-year sentence was manifestly excessive because sentencing judge, Justice Susan Brown KC, had also made a serious violent offender declaration, which dictates Broadby must serve 80 per cent of his sentence before he can apply for parole.

The Court of Appeal, whose Judgement was delivered by Justice Peter Flanagan, refused the application for appeal against sentence, saying the sentencing judge made no error in her considerations of the appropriate sentence and of the serious violent offender declaration.

A Cairns jury convicted Broadby of manslaughter, but cleared him of murder. Picture: Brendan Radke

The court was told that, before the attack, Mr Wailu had a disagreement with a woman, and had headbutted her, with Broadby and two other men confronting him about the assault.

The court was told both Broadby and Mr Wailu had armed themselves during the ensuing argument with a hammer, a star picket and a piece of firewood.

Mr Wailu dropped his weapons and Broadby and another man pursued him, the court was told.

“The (subsequent) … assault was short but ferocious, leaving the deceased with severe facial fractures including a Le Fort fracture, which resulted in his facial structure becoming disconnected from his skull; there were also neck injuries,” the Judgement reads.

“As to the basis of the applicant’s criminal liability, her Honour found that his blows and the force with which they were applied showed that he was responsible for, and

substantially caused or significantly contributed to, the death of the deceased.”

Show worker Nathaniel Wailu died in hospital six days after he suffered horrific injuries during an altercation at the Mareeba Showgrounds in July 2019. Picture: Facebook

Justice Flanagan said it was clear from the sentencing remarks that Justice Brown accepted Broadby did not intend to inflict grievous bodily harm or death at the time, that there had been provocation, and that Broadby had expressed genuine remorse.

She considered the circumstances of the assault in determining both the sentence and the serious violent offender declaration, the Court of Appeal was told.

“In the present case, the offence was manslaughter which involved an unlawful killing by what was described by her Honour as a “ferocious” assault … involved the

applicant punching, kicking and stomping the deceased … These considerations are equally relevant to determining the head sentence as they are to making a serious violent offence declaration.” the Judgement read.

The refusal of the application was a unanimous decision by the Court of Appeal with Justice Paul Freeburn and Thomas Bradley agreeing with the reasons and order.

Originally published as Court upholds Kyam Keith Broadby’s nine-year sentence for manslaughter of Nathaniel Wailu